dv case
Niranjana lingu L
(Querist) 26 November 2018
This query is : Resolved
dear Sir.
my brother and parents becomes victims for dv case on 29-03_2015. till date she is unable to submit any evidence against them. and also she never able to submit the cdpo reports to the court. but she n my brother is intercaste marriage since 18 years. she made allegations that my brother had extramarital affair n he never shows affection on her. so our lawyer forcing to get compromise each other. we are denied to that proposal. so our lawyer still postponing the case giving simple n unusual reason. this seems he may not interested to continue the case. we are getting confuse n what can we do such things. my parents are suffering from chronic disease.
my question are
if she unable to submit the evidence, is it possible to dismiss the case in high court.
if yes what are procedure to led case in the high court.
please give me advice as soon as possible.
thanking you
KISHAN DUTT KALASKAR
(Expert) 27 November 2018
Dear Sir,
The High Courts issued circulars to dispose of the cases within certain time frame and your parents may approach the High Court and get a direction to the Lower Court to dispose of the case within next 60 days or 90 days irrespective of whether petitioner proceeds with the case or not. The relevant circular is as follows:
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Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Please mark “LIKE” if satisfied by my answer.
Viswanath
(Expert) 27 November 2018
You can consider filing a discharge plea in the court, and seek discharge on the ground that there is no prima facie in the case
C.V.Kansara
(Expert) 27 November 2018
In running case your Advocate can guide you property. As I have no full details of you case.
Dr J C Vashista
(Expert) 28 November 2018
1. If your counsel is unable or reluctant to get the complaint case dismissed or insisting for reconciliation against wishes of all other family members (respondents), change him/her (advocate) immediately.
2. The case can be got dismissed in the Trial Court itself if the complainant/ aggrieved person is not prosecuting, which your lawyer can request the Court.
3. However, if you feel strong you can move to High Court for necessary directions through a local prudent lawyer.
Viswanath
(Expert) 28 November 2018
You can move the same court by moving a discharge plea and state that there is no prima facie. Otherwise, you can also move the High Court with a petition to quash the case.
